What is the name of your state? New York
I had a legal seperation agreement completed and filed. Can my spouse contest a divorce after the 1 year waiting period.
SEPARATION AGREEMENT
In New York, a Separation Agreement is a detailed contract which should be prepared by attorneys. In this agreement, the spouses agree to live separate for the rest of their lives. The agreement should contain the respective rights and duties of husband and wife with respect to the custody of children, visitation rights, support payments, distribution of property, and all other matters pertaining to the marital relationship
Certain vital formalities must be carefully followed, or the written agreement will not qualify as a ground for divorce.
The agreement, or a memorandum of separation, is filed (with complete confidentiality) with the Clerk of the County in New York where either spouse lives. At the end of one year from the date of the agreement, either spouse may sue the other for a "no-fault" divorce.
All that must be proven to the New York Court is that the agreement was duly executed and acknowledged and was properly filed; that the spouses have in fact lived apart during the period of the agreement up to the time of the divorce action; and that the Plaintiff has substantially complied with the terms of the separation agreement.
I had a legal seperation agreement completed and filed. Can my spouse contest a divorce after the 1 year waiting period.
SEPARATION AGREEMENT
In New York, a Separation Agreement is a detailed contract which should be prepared by attorneys. In this agreement, the spouses agree to live separate for the rest of their lives. The agreement should contain the respective rights and duties of husband and wife with respect to the custody of children, visitation rights, support payments, distribution of property, and all other matters pertaining to the marital relationship
Certain vital formalities must be carefully followed, or the written agreement will not qualify as a ground for divorce.
The agreement, or a memorandum of separation, is filed (with complete confidentiality) with the Clerk of the County in New York where either spouse lives. At the end of one year from the date of the agreement, either spouse may sue the other for a "no-fault" divorce.
All that must be proven to the New York Court is that the agreement was duly executed and acknowledged and was properly filed; that the spouses have in fact lived apart during the period of the agreement up to the time of the divorce action; and that the Plaintiff has substantially complied with the terms of the separation agreement.
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